SHOBHA SANIL Vs. PUSHPARAJ JAIN

JUDGEMENT

(1.) M.F.A.No.6884/2016 under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) has been filed by the claimants, whereas, M.F.A.No.2500/2016 under Section 173(1) of the Act has been filed by the insurance company against the judgment dated 02.02.2016 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the MACT' for short). Since, both the appeals arise from the same accident and same judgment passed by the Tribunal, they were heard together and are being decided by this common judgment.

(2.) Facts leading to filing of this appeal briefly stated are that on 10.02.2014, deceased Dr.Balakrishna Sanil was proceeding on his motor cycle from Lady Hill Junction towards Urva Market. When he reached Lady Hill Church, an Innova Car bearing registration No.KA-19-MB-9818 came from the opposite direction, which was being driven in high speed and rash and negligent manner and while taking over another vehicle came on the wrong side of the road and dashed the motor cycle of the deceased and dragged the deceased to some distance. As a result of the aforesaid accident, deceased sustained grievous injuries and was shifted to Global Multi Specialty Hospital, Mangalore and succumbed to the injuries on 12.02.2014.

(3.) The claimants thereupon filed a petition under Section 166 of the Act inter alia on the ground that the deceased at the time of the accident was aged about 45 years and was employed in Global Multi Specialty Hospital and was earning a salary of Rs.45,000/- per month. It was further pleaded that the deceased was the only earning member of the family and the accident took place due to rash and negligent driving of the driver of the Innova car. The claimants claimed compensation to the tune of Rs.75 Lakhs along with interest.